Paternity

Paternity can be established by the execution of a biological father of an Affidavit of Parentage. This is often done at the hospital when the child is born where both parents are present at the birth and are unmarried, but can also be executed at a later time.

Alternatively, if paternity is in question or if one of the parents is uncooperative in executing the Affidavit of Parentage, the family court may enter an Order of Filiation, which also establishes paternity. An Order of Filiation is often entered by the court following paternity testing.

Paternity need not be established where a child was born or conceived during a marriage. In fact, paternity cannot be challenged by a person not a spouse to a marriage except in very limited circumstances. Your attorney can explain to you the limited circumstances in which paternity can be challenged by a third party to a marriage.